Kentucky Ancestors Vol. 43, No. 2 Winter 2007 genealogical quarterly of the Mystery Photo Solved: The Rodgers Family Certificates of Settlement and Preemption Warrants Database Sergeant Proctor Ballard Kentucky Ancestors Vol. 43, No. 2 Winter 2007 genealogical quarterly of the Kentucky Ancestors (ISSN-0023-0103) is published quarterly by the Kentucky Historical Society and is distributed free to Society members. Periodical postage paid at Frankfort, Kentucky, and at additional mailing offices. Postmaster: Send address changes to Kentucky Ancestors , Kentucky Historical Society, 100 West Broadway, Frankfort, KY 40601-1931. Please direct changes of address and other notices concerning membership or mailings to the Membership Department, Kentucky Historical Society, 100 West Broadway, Frankfort, KY 40601-1931; telephone (502) 564-1792. Submissions and correspondence should be directed to: Don Rightmyer, editor, Kentucky Ancestors , Kentucky Histori- cal Society, 100 West Broadway, Frankfort, KY 40601-1931; e-mail don.rightmyer@ky.gov. The Kentucky Historical Society, an agency of the Commerce Cabinet, does not discriminate on the basis of race, color, national origin, sex, age, religion, or disability, and provides, on request, reasonable accommodations, including auxiliary aids and services necessary to afford an individual with a disability an equal opportunity to participate in all services, programs, and activities. research and interpretation foundation board Warren W. Rosenthal, President John R. Hall, 1 st Vice President Henry C. T. Richmond III, 2 nd Vice President Kent Whitworth, Secretary James Shepherd, Treasurer Ralph G. Anderson, Hilary J. Boone, Lucy A. Breathitt, Bruce Cotton, James T. Crain Jr., Dennis Dorton, Clara Dupree, Thomas Dupree, Jo M. Ferguson, Ann Rosen- stein Giles, Frank Hamilton, Jamie Hargrove, Raymond R. Hornback, Elizabeth L. Jones, James C. Klotter, Crit Luallen, James H. “Mike” Mol- loy, Maggy Patterson, Erwin Roberts, Martin F. Schmidt, Gerald L. Smith, Alice Sparks, Charles Stewart, John P. Stewart, William Sturgill, JoEtta Y. Wickliffe, Buck Woodford Don Rightmyer, Editor Dan Bundy, Graphic Design Betty Fugate, Membership Coordinator kentucky ancestors director’s office Kent Whitworth, Executive Director Marilyn Zoidis, Assistant Director James E. Wallace, KHS Foundation Director khs officers Governor Steven L. Beshear, Chancellor Robert M. "Mike" Duncan, President Robert E. Rich, 1 st Vice President Bill Black, Jr., 2 nd Vice President Sheila M. Burton, 3 rd Vice President executive comittee Walter A. Baker Yvonne Baldwin William F. Brashear II Terry Birdwhistell J. McCauley Brown Bennett Clark William Engle Charles English Martha R. Francis Richard Frymire Ed Hamilton John Kleber Ruth A. Korzenborn Karen McDaniel Ann Pennington Richard Taylor J. Harold Utley Nelson L. Dawson, Director The Rodgers Family: A Mystery Album Photo Identified Mrs. Carolyn Rodgers ............................................................................................................... 58 The Kentucky Secretary of State’s Land Office Certificates of Settlement and Preemption Warrants Database Kandie P. Adkinson ............................................................................................................... 63 Sergeant Proctor Ballard (ca. 1755-1820) Roger H. Futrell ...................................................................................................................... 71 Letters Remaining in the Post Offices at Bardstown and Elizabethtown, Kentucky, July 1825 .................... 78 The Life and Times of Robert B. McAfee and His Family Connections, Part 5 .......................................... 81 Book Notes ....................................................................................................................................... 95 National and International Historical and Genealogical Journals Compiled by Sally Bown ........................................................................................................... 98 Queries.........................................................................................................................................................102 Announcements ............................................................................................................................... 103 Kentucky Families in Congressional Pension Claims: The Cases of Sarah P. Cully and Sarah Maynard John P. Deeben ....................................................................................................................... 105 New Online Exhibit ....................................................................................................................... 109 What is Your Story? Don Rightmyer ....................................................................................................................... 110 Kentucky Ancestors Author’s Guidelines ........................................................................................... 111 Mystery Album .............................................................................................................................. 112 contents vol. 43, no. 2/winter 2007 on the cover: Rodgers Family Reunion Photo. 2007 Kentucky Ancestors V43-2 58 The Rodgers Family: A Mystery Album Photo Identified By Mrs. Carolyn Rodgers Editor’s Note: We periodically print two or three historical photos from our KHS archives that are listed as “un- identified” in the hope that someone among our readers will see a photo they recognize and let us know all about it. We had that happen with one of the photos from our Summer 2007 issue. I knew that the magazine had been mailed out on a Wednesday and the next day I had a call from Mrs. Carolyn Rodgers saying that she recognized one of the Mystery Album photos and had been doing research on the family for several years. In the next few days, we met and she provided not only the identification for most of the people in the group but also a lot of detailed family history. We want to share that photo with you again, this time with identification for those in it and the accompanying family history that Mrs. Rodgers put together. Descendants of Henry Rodgers Generation No. 1 1. Henry 4 Rodgers (Nicholas, 3 George, 2 John 1 ) was born 20 September 1840 in Franklin Co., Ky., and died 31 March 1913 in Franklin Co., Ky.; buried in Lebanon Church Cemetery. He married Martha Allison 10 January 1861, daughter of Wil- liam Allison and Nancy Rynearson. Children of Henry Rodgers and Martha Allison are: 2. i. Alice Belle 5 Rodgers, born 21 November 1861, in Franklin Co., Ky.; died 14 October 1944 in Frankfort, Ky.; buried at Lebanon Church Cem- etery. She married Charles Bourbon Baker, 30 March 1877, in Jeffersonville, In. Notes for Alice Belle Rodgers: Information on Alice Belle Rodgers Baker family was provided by Ruby Baker Munson, Alice Belle Rodgers Baker family Bible, Kentucky Historical Society, and the online Social Security Death Index on William Edgar Baker’s death. 3. ii. Rosa Ann Rodgers, born 4 October 1863 in Franklin Co., Ky.; died 25 April 1934, in Frankfort, Ky. She married Louis Shackelford, 2 October 1882. 4. iii. Louis Thomas Rodgers, born 24 June 1865, in Franklin Co., Ky.; died 23 September 1956, in Henry County, Ky.; buried at Pleasureville, Ky. He married 1) Mary Dillon, 2 May 1904. He married 2) Stella Roberts, 5 October 1949. 5. iv. William Curtis Rodgers, born 16 June 1868, in Franklin Co., Ky.; died 8 July 1934. He mar- ried 1) Annie Belle Pulliam, 17 November 1887 in Franklin Co., Ky. He married 2) Nannie S., 1895. He married 3) Virgie Carter after 1900. Notes for William Curtis Rodgers: William Curtis Rodgers and Annie Belle Pul- liam had no children. Newspaper announcement of their wedding note 150 dinner guests at their wed- ding. His second wife was Nannie S. Federal census of 1900 listed them married for five years, so they would have married in 1895. His third wife was Virgie Carter. 6. v. James Leonard Rodgers, born 10 August 1872, in Franklin Co., Ky.; died 11 April 1947; bur- ied at Bedford, Ky. He married Lacy Haight, 13 May 1896 in Grayson, Ky. (Carter County). Notes for James Leonard Rodgers: The accomplishments of the children and grand- children of Jim and Lacy Rodgers and their spouses are too numerous to record. (See note at the begin- ning of this article.) 7. vi. John Samuel Rodgers, born 7 September 1874, in Franklin Co., Ky.; died 6 April 1950 in Franklin Co., Ky. He married Jennovia Quire 1 January 1896. 8. vii. Lula Mae Rodgers, born 22 December 1876, in Franklin Co., Ky.; died 21 May 1961 in Los Angeles, Ca. She married 1) William Martin Wiley in 1894. She married 2) Charles Mount 1916. 59 2007 Kentucky Ancestors V43-2 The Rodgers Family: A Mystery Album Photo Identified, continued _ Photograph of the Henry and Martha Allison Rodgers family. Taken ca. 1911 in Flag Fork (Bald Knob Area), Kentucky. Those pictured are: 1. Mayme Rodgers Harrod, 2. Exie Harrod, 3. Lindsey Baker, 4. Alice Bell Rodgers Baker, 5. Louis Thomas Rodgers, 6. Clara Moore Baker,7. William Curtis Rodgers, 8. Mary Dillon Rodgers, 9. John Samuel Rodgers (child unknown), 10. Jennovia Quire Rodgers, 11. and 25. Iva and Clare Rodgers (individual names unsure), 12. Annie Downey Baker (Leo Baker), 13. William Baker?, 14. Rosa Ann Rodgers Shackleford, 15. Martha Allison Rodgers, 16. Roger Wiley?, 17. Henry Rodgers, 18. Lacy Haight Rodgers, 19., 20, 23, and 26 children of James Leonard Rodgers, 20. James Leonard Rodgers. Descendants of Alice Belle Rodgers Generation No. 1 Alice Belle 5 Rodgers (Henry, 4 Nicholas, 3 George, 2 John 1 ) was born 21 November 1861 in Franklin Co., Ky., and died 14 October 1944 in Frankfort, Ky.; buried at Lebanon Church Cemetery. She married Charles Bourbon Baker 30 March 1877 in Jefferson- ville, Ind. Notes for Alice Belle Rodgers: Information on Alice Belle Rodgers Baker family was provided by Ruby Baker Munson, Alice Belle Rodgers Baker family Bible, Kentucky Historical Society, and the online Social Security Death Index on William Edgar Baker’s death. Children of Alice Rodgers and Charles Baker are: + 2 I Lindsey Thomas 6 Baker, born 5 January 1880 in Franklin Co., Ky.; died 8 December 1962 in Frankfort, Ky.; buried in Lebanon Church Cemetery. + 3 ii. William Edgar Baker, born 16 September 1884 in Franklin Co., Ky.; died February 1964 in Oakland, Calif. Generation No. 2 Lindsey Thomas 6 Baker (Alice Belle 5 Rod- gers, Henry, 4 Nicholas, 3 George, 2 John 1) was born 5 January 1880 in Franklin Co., Ky., and died 8 December 1962 in Frankfort, Ky.; buried at Leba- non Church Cemetery. He married Diana (Annie) Downey 29 July 1898, daughter of Thomas Downey and Maggie Gordon. Children of Lindsey Baker and Diana Downey are: 4. i. Flora 7 Baker, born 29 November 1899 in Franklin Co., Ky.; died 2 December 1973. She mar- ried James Nathan Floyd 20 December 1931. ii. Alex B. Baker, born 3 September 1902, in Franklin Co., in Ky.; died 7 July 1988. He married Vivian Brown. iii. Oscar C. Baker, born 6 August 1905, in Frank- lin Co., Ky.; died 27 October 1994 in Frankfort, Ky. 2007 Kentucky Ancestors V43-2 60 The Rodgers Family: A Mystery Album Photo Identified, continued _ He married Leora Kring 29 March 1926. iv. Heise T. Baker, born 25 April 1908, in Franklin Co., Ky.; died 9 March 1975. He married Edrie Hall 14 April 1926. v. Leo Lindsey Baker, born 10 August 1911 in Franklin Co., Ky.; died 28 January 1981. He married Eva Blackwell 15 April 1936. vi. Ruby Belle Baker, born 9 June 1914 in Frank- lin Co., Ky.; died 24 July 2001 in Frankfort, Ky.; buried at Frankfort Cemetery. She married Samuel Magoffin Munson 16 July 1939 in Lawrenceburg, Ky. vii. Edgar Wilson Baker, born 14 September 1916, in Franklin Co., Ky.; married Nancy Blackwell 11 April 1948. viii. Virginia Baker, born 25 November 1918, in Franklin Co., Ky. She married 1) Alex Smither Jr., 24 October 1937. She married 2) Jake Henry Aft, 1952. ix. James Keith Baker, born 6 May 1921, in Franklin Co., Ky. He married Dorothy Carrier. x. Coleman C. Baker, born 23 October 1923, in Franklin Co., Ky. He married Lydia Calvert. Notes for Coleman C. Baker: Coleman Baker and Lydia Calvert had no chil- dren. William Edgar 6 Baker (Alice Belle 5 Rodgers, Henry, 4 Nicholas, 3 George, 2 John 1) was born 16 September 1884 in Franklin Co., Ky., and died February 1964 in Oakland, Ca. He married Clara Moore on 16 January 1906. Child of William Baker and Clara Moore is: i. Carnell 7 Baker, born 14 October 1906; died January 1969. She married Sam A. Thomas. Descendants of Rosa Ann Rodgers Generation No. 1 Rosa Ann 5 Rodgers (Henry, 4 Nicholas, 3 George, 2, John 1) was born 4 October 1863 in Frank- lin Co., Ky., and died 25 April 1934 in Frankfort, Ky. She married Louis Shackelford 2 October 1882. Notes for Rosa Ann Rodgers: Rosa Ann Rodgers and Louis Shackelford had no children. Descendants of Louis Thomas Rodgers Generation No.1 Louis Thomas 5 Rodgers (Henry, 4 Nicholas, 3 George, 2 John 1) was born 24 June 1865 in Franklin Co., Ky., and died 23 September 1956 in Henry Co., Ky.; buried at Pleasureville, Ky. He married 1) Mary Dillon 2 may 1904. He married 2) Stella Roberts 5 October 1949. Notes for Louis Thomas Rodgers: Louis Thomas Rodgers was married twice but had no children. Descendants of William Curtis Rodgers Generation No. 1 William Curtis 5 (Henry, 4 Nicholas, 3 George, 2 John 1) was born 16 June 1868 in Franklin Co., Ky., and died 8 July 1934. He married 1) Annie Belle Pulliam 17 November 1887 in Franklin Co., Ky. He married 2) Nannie S. 1895. He married 3) Virgie Carter after 1900. Notes for William Curtis Rodgers: William Curtis Rodgers and Annie Bell Pulliam had no children. Newspaper announcement of their wedding noted 150 dinner guests at their wedding. His second wife was Nannie S. The federal census of 1900 listed them married for five years, so they would have married in 1895. His third wife was Virgie Carter. Children of William Rodgers and Nannie S. are: 2. i. Hattie 6 Rodgers, born 5 March 1900 in Franklin Co., Ky.; died 19 October 1900 in Franklin Co., Ky.; buried at Lebanon Church Cemetery. Descendants of James Leonard Rodgers Generation No. 1 James Leonard 5 Rodgers (Henry, 4 Nicholas, 3 George, 2 John 1) was born 10 August 1872 in Frank- lin Co., Ky., and died 11 April 1947; buried in Bed- 61 2007 Kentucky Ancestors V43-2 The Rodgers Family: A Mystery Album Photo Identified, continued _ ford, Ky. He married Lacy Haight 13 May 1896 in Grayson, Ky. (Carter Co.), daughter of Oscar Haight and Molly Leary. Notes for James Leonard Rodgers: The accomplishments of the children and grand- children of Jim and Lacy Rodgers and their spouses are too numerous to record. Their professions vary from famers to bankers, lawyers, doctors, and to professional theater workers such as acting, directing, modeling, etc., to piloting teaching, and other pro- fessions including an inventor and a two-star general. The oldest daughter, Jewell, taught drama, enter- tained in World War II, had a radio talk show in the 1930s, and acted in such films as Bachelor Father , Wells Fargo , Suspicion , Schlitz Playhouse , and Taproot (This information was given to me by various family members.) Children of James Rodgers and Lacy Haight are: 2 i. Charles Raymond 6 Rodgers, born September 1899 in Trimble Co., Ky.; died 23 December 1968. He married Anna Voight. 3 ii. Fenella Jewell (Sondra) Rodgers, born 5 February 1903 in Trimble County, Ky. She married (1) Forrest Dunavan. She married (2) Gordon Bruce Darling 26 March 1928 in Trimble Co., Ky. Notes for Fenella Jewell (Sondra) Rodgers: Fenella Jewell Rodgers and Forrest Dunavan had one child, William Thornton Dunavan. William’s name was later changed to William Thornton Rod- gers. 4 iii. Neville C. Rodgers, born 22 November 1905 in Franklin Co., Ky.; died 12 December 1979 in Carrollton, Ky. He married Edith Lee Pyles 7 Octo- ber 1939 in Lexington, Ky. (Fayette County). Notes for Neville C. Rodgers: Neville served in the U. S. Marines for several years, ten of them were in China. Notes for Edith Lee Pyles: Newspaper obituary for Edith Pyles Rodgers said she died June 2 and was 77 years old. That would make her death date 2 June 1991. She was a retired schoolteacher, having taught in Trimble and Carroll counties. She was an active member of First Baptist Church, Carrollton. iv. Ruby Lucille Rodgers, born 29 May 1910, in Trimble County, Ky.; died 2 September 1987. She married John F. Young. 6. v. James Allan Rodgers, born 9 April 1912 in Trimble County, Ky.; died 11 February 1990. He married Laura Pyles. Notes for James Allan Rodgers: James Allan Rodgers and Laura Pyles had no children. 7. vi. Richard Payne Rodgers, born 3 November 1914, in Trimble County, Ky.; died 18 July 1986 in Bedford, Ky., (buried IOOF Cemetery). He mar- ried 1) Emma Louise Nevile, 8 May 1936 in Trimble County, Ky.; 2) Jean Bishop 8 March 1947. Notes for Richard Payne Rodgers: Richard was 72 years old the time of death. He was a WW II veteran, being a staff sergeant, a retired teacher, farmer, and businessman. His son Steve was living in Milton and his son Rick was living in McLean, Va. 8. vii. Gayle Elmore Rodgers, born 31 May 1917 in Trimble County, Ky. He married Shirley Meeks, 31 July 1944. Descendants of John Samuel Rodgers Generation No. 1 1. John Samuel 5 Rodgers (Henry, 4 Nicholas 3, George 2, John 1 ) was born 7 September 1874 in Franklin Co., Ky., and died 6 April 1950 in Franklin Co., Ky.; buried at Lebanon Church Cemetery. He married Jennovia Quire 1 January 1896, daughter of Harry Quire and Lou Goins. Children of John Rodgers and Jennovia Quire are: 2 i. Mayme 6 Rodgers, born 4 June 1895 in Frank- lin Co., Ky.; died 14 April 1962 in Franklin Co., Ky. She married Murrell Exie Harrod, 1 March 1911. 3 ii. Clara Rodgers, born 30 November 1896 in Franklin Co., Ky.; died 2 April 1973. She married Jerome Anderson 19 April 1916. 4 iii. Iva Rodgers, born 5 August 1898 in Franklin Co., Ky. Died 4 August 1978 in Franklin Co., Ky.; buried at Lebanon Church Cemetery. She married 2007 Kentucky Ancestors V43-2 62 The Rodgers Family: A Mystery Album Photo Identified, continued _ Arnett Watkins, 15 March 1916. 5. iv. James Howard Rodgers, born 6 April 1901 in Franklin Co., Ky.; died 25 June 1978. He married Ivie Belle Duncan. Notes for James Howard Rodgers: James Howard Rodgers was married twice. His first wife was Ivie Belle Duncan. His second wife was named Fannie. 6. v. Orville Rodgers, born 26 June 1904 in Franklin Co., Ky.; died 18 December 1993. He mar- ried Mary Virginia Thomas in 1923. 7. vi Audra Rodgers, born 7 December 1911 in Franklin Co., Ky.; died 30 March 1998 in Lexing- ton, Ky.; buried at Frankfort Cemetery. She married James Dudley Richardson on 16 August 1930. 8. vii. Mabel Clay Rodgers, born 26 October 1919 in Frankfort, Ky.; died 27 October 1940 in Frankfort, Ky. Notes for Mabel Clay Rodgers: Mabel Clay Rodgers died unmarried. Descendants of Lula Mae Rodgers Generation No. 1 Lula Mae Rodgers (Henry, 4 Nicholas, 3 George, 2 John 1) was born 22 December 1876 in Franklin County, Ky., and died 21 May 1961 in Los Angeles, Calif. She married (1) William Martin Wiley in 1894, son of Granville Wiley and Susan M. She mar- ried (2) Charles Mount in 1916. Children of Lula Rodgers and William Wiley were: 2. i. Ocie, 6 born 6 May 1897 in Franklin Co., Ky.; died 10 August 1898 in Franklin County. Buried at Lebanon Church Cemetery. 3.ii. Roger Wiley, born about 1900. He married Betty. Notes for Roger Wiley: Roger Wiley had no children. He was a jeweler by occupation. Roger had been crippled in his teenage years; the result of horses running off with him. Jim Wyrick tells many funny stories about his Uncle Roger, saying he was quite a character. Appar- ently Roger’s mother got a bit distressed sometimes because of his antics but nothing seemed to bother Roger. He was a talented jeweler, specializing in miniature silverware; many made for movie sets or for miniature doll houses owned by collectors. His work was done to precise scale, including thickness, which was often overlooked. He had a shop which was open to customers wanting jewelry repair, but on his door was a large sign which said, “GO AWAY!” Roger dated a tall blond movie actress for a while but later married a lady named Betty. I haven’t been able to locate her last name. Roger apparently went from one extreme to the other. From the tall blond actress he went to Betty, who Jim Wyrick tells me was tiny. 4 iii. Cora Gladys Wiley, born 16 March 1903 at 728 Dabney Street, Frankfort, Ky.; died 6 July 1964 in California. She married Ivan Monroe Wyrick, 11 July 1921. 63 2007 Kentucky Ancestors V43-2 The Kentucky Secretary of State’s Land Office Certificates of Settlement and Preemption Warrants Database (The second in a series of articles regarding the Internet availability of Kentucky Land Office records) By Kandie P. Adkinson, Administrative Specialist Land Office Division It seems the Virginia General Assembly favored the alphabetical letter “S” when legislators developed procedures for land appropriation in eastern and western territories (including Kentucky). Soldiers, Settlers, and Speculators comprised the majority of persons for whom warrants were designed as pay- ment for military service, meeting residency require- ments, and promoting speculative ventures. (The list may be enhanced by adding the lesser-used autho- rizations for “Salt makers” and grants for “Seminar- ies”.) In the Autumn 2007 issue of Kentucky Ancestors , we discussed military warrants issued to Revolu- tionary War soldiers and the development of the Secretary of State’s “Revolutionary War Warrants Database.” In this article we will discuss the Internet availability of certificates of settlement and preemp- tion warrants used by Kentucky’s earliest settlers or their assignees. A future article will feature the “Treasury Warrants Database”—a listing of war- rants, many of which were (undoubtedly) purchased by speculators or their agents. The number of Trea- sury Warrants purchased by any one individual was determined by the amount of money in his purse— and his trust in his land locator to find available land suitable for development. In May 1779, the Virginia General Assembly passed various acts that determined the method by which Kentucky land would be appropriated. In Chapter XII or “Land Law A” in the “Legislation” section of the online Land Office “Reference Li- brary,” the legislature detailed the process “for adjust- ing and settling the titles of claimers to unpatented lands under the present and former government, previous to the establishment of the commonwealth’s land office.” The rationale for such legislation is stated in the opening paragraph as follows: “Whereas the various and vague claims to unpatented lands under the former and present government, previ- ous to the establishment of the commonwealth’s land office, may produce tedious and infinite litiga- tion and disputes, and in the meantime purchasers would be discouraged from taking up lands upon the terms lately prescribed by law, whereby the fund to be raised in aid of the taxes for discharging the public debt would be in great measure frustrated; and it is just and necessary, as well, for the peace of individuals as for the public weal, that some certain rules should be established for settling and determin- ing the rights to such lands, and fixing the principles upon which legal and just claimers shall be entitled to sue out grants; to the end that subsequent pur- chasers and adventurers may be enabled to proceed with greater certainty and safety, be it enacted . . .” With the passage of this act, the Virginia General Assembly declared lands would be appropriated by governmental authority—the same process employed by King George III of England prior to the Revolu- tionary War. Land claims by Kentucky’s earliest settlers are addressed in Sections IV & V of “Land Law A.” In those sections we find the requirements for certifi- cates of settlement and the various types of preemp- tion warrants. • Certificates of Settlement: “Bona Fide” settlers 2007 Kentucky Ancestors V43-2 64 Secretary of State’s Land Records Database, continued ____________ “upon the western waters” prior to 1 January 1778 were entitled to 400 acres of land includ- ing their settlement. And to prevent doubts concerning settlements, the General Assembly declared in Section V “no family shall be en- titled to the allowance granted to settlers by this act unless they have made a crop of corn in that country or resided there at least one year since the time of their settlement.” • Preemption Warrants (1000 acres): “And if any such settlers shall desire to take up a greater quantity of land than is herein allowed them, they shall on payment to the treasurer of the consideration money required from other purchasers, be entitled to the preemption of any greater quantity of land adjoining to that al- lowed them in consideration of settlement, not exceeding one thousand acres, and to which no other person hath any legal right or claim.” • Preemption Warrants (400 acres): Persons who had settled “upon the western waters” after 1 January 1778 were entitled to a 400-acre Preemption Warrant claim which included their settlement. • Preemption Warrants (1000 acres) for “chop claims” or “lottery cabins”: All those who, before 1 January 1778, had “marked out” or chosen for themselves any waste or unappropri- ated lands and built any house or hut or made other improvements thereon, were entitled to a preemption of no more than 1000 acres of unclaimed land. “But no person shall have the right of preemption for more than one such improvement; provided they respectively demand and prove their right to such preemp- tion before the commissioners for the county to be appointed by virtue of this act within eight months, pay the consideration money, pro- duce the auditor’s certificate for the treasurer’s receipt for the same, take out their warrants from the register of the land office within ten months, and enter the same with the surveyor of the county within twelve months next after the end of the present session of the assembly and thereafter duly comply with the rules and regulations of the land office.” (Note: Land Of- fice records indicate as adventurers and survey- ing parties explored Kentucky’s unappropriated lands, they blazed trees and often built crude huts, frequently called “lottery cabins,” in an effort to establish land claims that could lead to land ownership. The planting of corn or actual residence as a “bona fide settler” deter- mined whether their “improvement” qualified for the additional 400 acres under a Certificate of Settlement. The “consideration money” for a Preemption Warrant was the same as for a Land Commissioners “completed [ sic ] the business” of the Kentucky District on 26 February 1780. (“Copy of the Land Commissioner’s Certificates,” Kentucky Secretary of State’s Land Office, Frankfort, Ky.) 65 2007 Kentucky Ancestors V43-2 Secretary of State’s Land Records Database, continued ____________ Treasury Warrant, i.e. forty pounds “of current money” per hundred acres.) The Virginia General Assembly realized the vari- ous types of land allotments identified in Land Law A “may occasion numerous disputes.” In Section VIII the Land Law states commissioners in the re- spective counties would collect evidence, adjust and settle claims, and determine the titles of such persons as claim lands (in their district) in consideration of their settlements and preemptions. The counties on the western waters were allotted into the following districts: Monongalia, Yohogania & Ohio; Augusta, Botetourt & Greenbrier; Washington & Montgom- ery; and Kentucky. The governor of Virginia, with the advice of the council, was directed to appoint four commissioners under the seal of the common- wealth to serve as members of the county land com- missions. The appointees could not be inhabitants of their assigned county or district. Three of the four members of each commission could decide claims. The commissioners were directed to review settlers’ claims for eight months from the end of the May 1779 session of the Virginia General Assembly; for a period of four months thereafter they adjusted claims of settlers on lands surveyed for “the sundry com- panies.” (Ref: Section VIII, Land Law A) Note: The General Assembly later extended the deadline for some county commissions, excluding the Kentucky District. (Ref: Laws of Virginia, May 1782, Chapter XLIX, “An Act for further continuing an act for giv- ing further time to obtain warrants upon certificates for preemption rights & returning certain surveys to the land office, and for other purposes,” Section I) The May 1779 legislation further states “the said commissioners shall immediately upon receipt of their commissions, give at least twenty days previ- ous notice by advertisements at the forts, churches, meetinghouses, and other public places in their district, of the time and place at which they intend to meet, for the purpose of collecting, hearing, and determining the said claims and titles, requiring all persons interested therein, to attend and put in their claims, and may adjourn from place to place, and time to time, as their business may require; but if they should fail to meet at any time to which they shall have adjourned, neither their commission nor any matter depending before them shall be thereby discontinued, but they shall proceed to business when they do meet, as if no such failure had hap- pened. They shall appoint and administer an oath of office to their clerk; be attended by the sheriff, or one of the under sheriffs of the county; be empowered to administer oaths to witnesses or others necessary for the discharge of their office; to punish contempts, enforce good behaviour in their presence, and award costs.” The commissioners had free access to the county surveyor’s books. The following provision was critical for properly determining settlers’ claims. “In all cases of disputes upon claims for settlement, the Henry Pinkerton qualified for a 1000-acre Preemption Warrant for “marking and improving” the tract prior to 1 January 1778. Had Pinkerton planted a crop of corn or actually resided on the land, he would have qualified for an additional 400 acres under a Certificate of Settlement. 2007 Kentucky Ancestors V43-2 66 person who made the first actual settlement, his or her heirs or assigns, shall have the preference. In all disputes for the right of preemptions for improve- ments made on the land, the persons, their heirs or assigns, respectively, who made the first improve- ment, and the persons to whom any right of preemp- tion on account of settlement or improvements shall be adjudged, shall fix the quantity at their own op- tion at the time of the judgment, so as not to exceed the number of acres respectively allowed by this act, or to interfere with the just rights of others.” The land commissioners were directed “to deliver to every person to whom they adjudged lands for settlement, a certificate under their hands, attested by the clerk, mentioning the number of acres and the time of settlement and describing as near may be, the particular location, noting also therein the quantity of adjacent land to which the person had the right of preemption.” Persons adjudged eligible for preemption claims also received a certificate from the Land Commis- sion specifying the quantity and location of land, the cause for preemption, and a memorandum stating the last day the lands could be entered with the county surveyor. Claimants paid the land commissioners the sum of ten shillings for every 100 acres of land contained in the certificates and ten shillings to the clerk of the commission for each certificate granted. (The “con- sideration money” for a preemption warrant was a separate fee.) Upon receipt of the certificates of settlement and/ or preemption warrants, settlers could proceed with the process of acquiring land title. An Entry (or Entries), filed with the county surveyor, reserved land for field survey and afforded landowners the opportunity to challenge a patent-in-process for potential shingling or overlapping boundaries. In those instances, an Entry could have been withdrawn or amended to resolve the conflict. The Field Survey depicted and described the tract or tracts in metes and bounds. The Governor’s Grant, often called the “Patent Deed”, finalized the patent by conveying title to the settler, his or her heirs, or assignees. The Land Commission for the Kentucky Dis- trict adjudicated land claims in five locations: St. Asaph (Logan’s Fort), Harrodsburg, Boonesborough, Bryant’s Station (near Lexington), and the Falls of the Ohio (Louisville). Commission members were William Fleming, Edmond Lyne, John Barber (Bar- bour), and Stephen Trigg (who replaced the original fourth appointee, James Steptoe). In October 1779, the Virginia General Assem- bly approved legislation that affected the residency claims of officers and soldiers who were unable to attend the Land Commission hearings. The legisla- Secretary of State’s Land Records Database, continued ____________ On 22 November 1779, the Land Commission for the Kentucky District approved Squire Boone’s claim for a 400-acre Certificate of Settlement and a 1000-acre Preemption Warrant. Boone had planted a crop of corn and resided in Kentucky County prior to 1 January 1778. The corresponding patent file is available on the “Certificates of Settlement and Preemption Warrants Database.” (Note: Due to duplicate preemption warrant numbers, Richard Henderson’s certificate is also included in Boone’s certificate file.) 67 2007 Kentucky Ancestors V43-2 Secretary of State’s Land Records Database, continued ____________ tion reads: “Whereas many officers and soldiers of the Virginia line, now in the continental army, may have claims to lands on the western waters from settlements or improvements made thereon, and have it not in their power to attend the commission- ers appointed to adjust and ascertain such claims within the time limited for that purpose; for remedy whereof, Be it enacted, That all officers and soldiers of the Virginia line, now in the continental army, shall be allowed twelve months from the time they resign or are discharged from the service, to ascer- tain their respective claims to lands by settlements or improvements before the court of the county, wherein the lands they claim may be; and such court is hereby empowered and required to hear and determine such claims in like manner as is prescribed for the commissioners of the several districts on the western waters.” (Ref: “The Statutes at Large; A Col- lection of all the Laws of Virginia”, Vol. X, Chapter II, compiled by William Waller Hening, 1822) Note: To access a preemption warrant issued while the soldier was in military service, open the “Certificates of Settlement & Preemption Warrants Database” and search for Preemption Warrant 2611. In 1782, the Virginia General Assembly expanded the filing opportunity to include others involved in the Revolutionary War effort with legislation stat- ing “many good people . . . were prevented from proving their rights of settlement and preemption in due time owing to their being engaged in the public service of this country.” Legislation authorized the county courts in which claimants’ lands were located to hear and determine disputes “as have not here- tofore been determined by commissioners acting in that country under the act of assembly, taking for their guide and direction the acts of assembly where- by the commissioners were governed.” The Register of the Land Office was empowered and directed to grant titles on the determination of such courts in the same manner as if the original Land Commission had determined the same. (Note: Several Certificates of Settlement and Preemption Warrants on the Land Office website were issued by county courts. To ac- cess a preemption warrant issued for “public service,” open the “Certificates of Settlement & Preemption Warrants Database” and search for Preemption War- rant 2613.) In 1786 the Virginia General Assembly revoked the power of county courts to grant certificates of settlement or preemption rights. Additionally, in 1786, the Virginia General Assembly extended the deadline to 31 December 1786, for those persons who were prevented “by unavoidable accident from obtaining and entering preemption warrants before the Register of the Land Office was prohibited from issuing such warrants” to obtain and enter such warrants by 31 December 1786. Although the time period allowed for entering The Land Commission issued Edward Harrod a 400- acre Preemption Warrant for “actually” settling in Kentucky after 1 January 1778. His allotment would have been greater had he settled in the Kentucky District prior to 1 January 1778. 2007 Kentucky Ancestors V43-2 68 Secretary of State’s Land Records Database, continued ____________ Certificates of Settlement rights had also expired in 1786, the Virginia General Assembly deemed it law- ful for surveyors to receive and enter all such certifi- cates, or attested copies, and to proceed to survey the same as the law directed, provided the attestation was made by the commissioners who granted the original certificate, or by the clerk of the superior court for the District of Kentucky, or the Register of the Land Office. (Ref: The Statute Law of Kentucky , Vol. I, compiled by William Littell, pg 456) With the 1789 Compact with Virginia, Kentucky agreed to honor all patents issued by Virginia gov- ernors prior to Kentucky’s impending statehood. Documents regarding Kentucky land title were trans- ferred to Kentucky, thus eliminating the need for researchers to travel to Richmond, Virginia, to access patent files pre-1792. In 1977 the Kentucky Secretary of State’s Office initiated a records preservation project for all land patent files and books including patents authorized by Certificates of Settlement and Preemption War- rants. Two Kentucky researchers visiting the Library of Virginia in the late 1990s were granted access to original Land Commission documents. When it was determined the records included Kentucky’s earliest land allotments, the documents were microfilmed in 1999 at the request of then-Secretary of State John Y. Brown III. Six rolls of microfilm were reproduced for indexing by the Kentucky Land Office; additional rolls were copied for selected Kentucky libraries. Shortly after his election to the office of Kentucky Secretary of State, and with the permission of the Library of Virginia, Trey Grayson employed state- of-the art technology when he ordered the digital transfer of Land Commission microfilm. On 25 April 2005, the newly formatted “Certificates of Settlement & Preemption Warrants Database” on the Kentucky Land Office website was enhanced by including the digitally-transferred images of 2700+ certificates issued by land commissioners and county courts. For the first time in 200 years researchers have access to original “corn and cabin” certificates, the justification for their issuance, signatures on as- signments, and a memorandum submitted by Daniel Boone regarding lost land certificates. Researchers The May 1779 Land Law authorized the appointment of county commissioners for Virginia’s districts on “the western waters.” The commissioners heard testimony regarding early land claims. The districts included: Monongalia, Yohogania & Ohio; Augusta, Botetourt & Greenbrier; Washington & Montgomery; and Kentucky. This map by Wendell H. Rone, Sr., depicts Virginia counties in 1776. (Wendell H. Rone, Sr., An Historical Atlas of Kentucky And Her Counties : 24) 69 2007 Kentucky Ancestors V43-2 Secretary of State’s Land Records D